• 0 Posts
  • 10 Comments
Joined 3 years ago
cake
Cake day: July 1st, 2023

help-circle







  • Right, but I’m saying, that that state is going to attempt to prosecute, and the Feds are going to say it should be a federal trial, and drop charges. Are you saying the state would refile charges? Can you do that? You have already filed them, the feds said it was a federal issue, then refused to prosecute.

    I guess where I’m confused is, if the it went to federal court, it wouldn’t be tried in state court, correct?

    Or, are you saying, it can be both? Which, I can understand that, but, again, I don’t see how the state prosecutes, if the federal court rules that it’s a federal offense, not a state offense.

    Edit: I’ve looked into it, involving federal agents, the case can be removed to a federal judge to oversee the states proceeding.


  • We’re actually agreeing I think. That’s also the doctrine that I would use to back my argument. The federal government, based on rhetoric, isn’t going to bring any charges. If the state does, using dual sovereignty, they can determine, that because it’s involving a federal agent, it violated federal law, and it should be tried in federal court. Then they’ll drop charges.

    Edit: I’ll add, I’m certainly not a lawyer, and there’s nuance I probably don’t understand